Test 2

The innocence Project is: A. A loose affiliation of lawyers who identify cases where a prisoner may be innocent B. An attempt to educate judges and lawyers about the problems of unfair jury selection practices C. A project started in Dallas by county prosecutors in which all felony convictions are reviewed for accuracy D. An investigation that targeted corrupt judges

A. A loose affiliation of lawyers who identify cases where a prisoner may be innocent

You are a state legislator and you have sponsored a bill requiring that all passengers in cars must wear seat belts at all times, even in the rear seat. Opponents feel that this proposed law is over-reacting and is too constrictive of personal freedom. Opponents to your bill would cite John Stuart Mill and would say that your proposed law is a bad idea since violators aren't actually harming anyone. Your proposed law would violate Mill's: A. Harm principle B. Noble cause C. Natural law D. Conflict paradigm

A. Harm principle

You are an attorney and the local court has appointed you to represent a defendant who has been charged with aggravated assault and battery. The prosecutor originally intended to charge attempted murder. The victim suffered serious injury, an the police suspected that a weapon of some type was used, but never was able to find one. The defendant has maintained that there was no weapon It occurs to you that the victim will not be able to testify if the trial takes place quickly, due to his injuries. Accordingly, you do not agree to waive your client's speedy trial rightrs. This action would indicate your view that you are seving as your client's: A. Legal agent B. Moral agent C. Confidant D. Paternal guide

A. Legal agent

According to the text disciplinary committees investigate a practicing attorney: A. Only when a complaint is lodged against him or her B. On a regular basis, usually every fiscal year C. Every time the attorney's license to practice is due for renewal D. Only wen it involves a capital case

A. Only when a complaint is lodged against him or her

Instead of the above scenario, the new leadership re-writes the rules so that the ethnic minorities in the country no longer have the right to vote. They also remove any restrictions against discriminatory practices, which will allow employers and landlords to refuse jobs and housing to members of minorities. The scenario describes: A. The conflict paradigm B. The consensus paradigm C.The pluralist paradigm D.The Marxist paradigm

A. The conflict paradigm

Confirmatory bias refers to: A. When a specific suspect has been fixated upon and investigators ignore other possibilities B. When it is confirmed that the prosecution is based against the suspect C. When a confirmation of racial bias is pending D. None of these describe the concept

A. When a specific suspect has been fixated upon and investigators ignore other possibilities

What are the motions demanding the prosecutor reveal exculpatory information called? A.Brady motions B. Exculpatory motions C. Garrow motions D. Evidentiary motions

A.Brady motions

The procedure for representing a single suspect to an eye witness for identification is known as a: A.Show up B. Lineup C. Field Identification D. Photo array

A.Show up

Believing one's original theory of the case despite evidence to the contrary is called: A.Cognitive dissonance B. Belief perseverance C. Selective information processing D. Confirmatory truth

B. Belief perseverance

Operation Greylord took place in the 1980s and targeted: A. Corrupt "expert" witnesses B. Corrupt judges and attorneys C. Treatment staff misconduct D. Correctional misconduct

B. Corrupt judges and attorneys

_______________________ is the profession involved in the application of science to recognize, identify, and evaluate physical evidence in court proceedings. A. Criminal investigative science B. Criminalistics C. Criminal Technologist D. Crime scene technician

B. Criminalistics

You are a state legislator and you have sponsored a bill requiring that all passengers in cars must wear seat belts at all times, even in the rear seat. Opponents feel that this proposed law is over-reacting and is too constrictive of personal freedom. The ethical system that justifies passing a law for the purpose of protecting people from harm is: A. Ethical formalism B. Ethics of care C. Legal moralism D. Utilitarianism

B. Ethics of care

According to the text, the most common charge leveled against prosecutors is: A.Misusing pretrial publicity B. Failure to disclose evidence C. Supporting perjury D. Using false evidence in court

B. Failure to disclose evidence

Which of the following is not a valid exception to the exclusionary rule? A.Good faith B. Judicial discretion C. Inevitable discovery D. Public safety

B. Judicial discretion

You are an attorney and the local court has appointed you to represent a defendant who has been charged with aggravated assault and battery. The prosecutor originally intended to charge attempted murder. The victim suffered serious injury, an the police suspected that a weapon of some type was used, but never was able to find one. The defendant has maintained that there was no weapon Your clients tells you that he has a friend that you can call as a witness. Even though this friend was not actually present as the incident, he is willing to claim that he saw the altercation and will testify that the defendant acted in self-defense, and without a weapon. You refuse to call a witness that you know will not tell the truth. This action would indicate your view that you are serving as your client's: A. Legal agent B. Moral agent C. Confidant D. Paternal guide

B. Moral agent

Instead of the above scenarios, the new government institutes a policy that allows all adult citizens to vote for representatives who will make new laws and serve in government. This describes: A. The conflict paradigm B. The consensus paradigm C.The pluralist paradigm D.The Marxist paradigm

B. The consensus paradigm

The "halo effect" refers to: A. The phenomenon in which a defendant is seen as innocent and naive B. The phenomenon in which a person with expertise or status in one area is given deference in all areas C. The phenomenon in which he defense attorney is given deference even when he is clearly stretching the truth D. The phenomenon in which the witness is member of the clergy

B. The phenomenon in which a person with expertise or status in one area is given deference in all areas

You are an attorney and the local court has appointed you to represent a defendant who has been charged with aggravated assault and battery. The prosecutor originally intended to charge attempted murder. The victim suffered serious injury, an the police suspected that a weapon of some type was used, but never was able to find one. The defendant has maintained that there was no weapon. Despite your client's insistence that he is innocent, you urge him to accept a plea bargain. You are motivated largely by a desire to dispose of the case as quickly and efficiently as possible. Your actions embody the notion of: A. consensus paradigm B. bureaucratic justice C. "Model rules" D. divisions of labor

B. bureaucratic justice

According to the __________ standard, evidence must be from a reliable scientific methodology: A. Nix B. Massey C. Daubert D. Brady

C. Daubert

In Hamdan v. Rumsfeld, the US Supreme Court held that detainees in Guantanamo: A. Did not deserve some due process and the military commissions created at the time were not sufficient. B. Did not deserve some due process and that the military commissions created at the time were sufficient C. Deserved some due process and that the military commissions created at the time were not sufficient D. Deserved some due process and that the military commissions created at the time were sufficient

C. Deserved some due process and that the military commissions created at the time were not sufficient

Which of the following is not a criticism of how the Bar handles complaints of ethical violations? A. Very few sanctions result from investigations B.The investigate bodies are secretive and informal C. Lawyers can easily pay a fine to have the charges dismissed without an investigation D. Charges of incompetence are rarely nvestigated

C. Lawyers can easily pay a fine to have the charges dismissed without an investigation

You are an attorney and the local court has appointed you to represent a defendant who has been charged with aggravated assault and battery. The prosecutor originally intended to charge attempted murder. The victim suffered serious injury, an the police suspected that a weapon of some type was used, but never was able to find one. The defendant has maintained that there was no weapon Your client tells you that there really was a weapon and that the police missed it at the crime scene. According to the ABA's Model Rules of Professional Conduct your duty is to: A.Report the information to the prosecution B. Call your defendant to the witness stand and let him decide for himself whether he will reveal te fact that there was a weapon C. Maintain the confidentiality of your communication with your client D. The model rules does not address this situation

C. Maintain the confidentiality of your communication with your client

Only recognizing evidence to fit one's theory is the definition of: A.Cognitive dissonance B. Belief perseverance C. Selective information processing D. Confirmatory bias

C. Selective information processing

If accused of dismissing a potential juror because of race, what must a prosecutor do in order for the dismissal to be allowed? A. File an appeal B. Show a reason for the dismissal that relates to the juror's profession C. Show any other reason for dismissing the juror D. There's nothing the prosecutor can do f challenged in this fashion

C. Show any other reason for dismissing the juror

Aronson and McMurtrie identified one type of prosecutorial miscondut as "tunnel vision", arguing that: A. An innocent suspect will always be considered guilty by the judge B. A desire to look smart or tough on television influences the way they talk about their cases C. Some prosecutors work under a bias that defendants are guilty and therefore ignore exculpatory evidence D. Prosecutors generally have a quota that they must fulfill

C. Some prosecutors work under a bias that defendants are guilty and therefore ignore exculpatory evidence

The country's main industries are tourism and petroleum. A group representing the hospitality industry is participating in the law review process, as are groups representing the oil companies and military. The result of the process is that new laws allow the country's hotels to add casinos (but only to be patronized by foreign visitors). Other new laws remove workplace restrictions for the oil companies and impose a requirement for all able-bodies males to serve in the military for two years. The scenario describes: A. The conflict paradigm B. The consensus paradigm C. The pluralist paradigm D.The Marxist paradigm

C. The pluralist paradigm

According to the text, which of the following statements about judicial misconduct is false? A. Public exposes of judicial misconduct are fairly rare B. There is a concern that judges and lawyers play to the camera when these are permitted in court C. In general, judges who are in primarily concerned with their public image may make biased decisions D. Attorneys often file complaints against judges when misconduct is suspected

D. Attorneys often file complaints against judges when misconduct is suspected

A line up in which the law enforcement official does not know which person is the suspect is known as a(n): A. Show-up B. Brady lineup C. Ex parte lineup D. Double-blind lineup

D. Double-blind lineup

In terms of prosecutorial misconduct, Aronson and McMutrie discussed the presence of all of the following elements except: A.Cognitive dissonance B. Belief perseverance C. Selective information processing D. Emotional concord

D. Emotional concord

According to the text, which of the following is true, regarding the exclusionary rule? A. Data shows that police misconduct has subsided as a result of the exclusionary rule B. Police officers are generally not very well educated about the rule C. The rule only applies to cases in those states that have enacted the rule D. Evidence seized without a warrant but in the interest of public safety is not excluded by the rule

D. Evidence seized without a warrant but in the interest of public safety is not excluded by the rule

The reasons for false convictions discusses in your text include all except: A.Perjury by informants B. " Junk science" C. False confessions D. Gender bias

D. Gender bias

You are a state legislator and you have sponsored a bill requiring that all passengers in cars must wear seat belts at all times, even in the rear seat. Opponents feel that this proposed law is over-reacting and is too constrictive of personal freedom. You try to convince opponents to support your proposed law by pointing out that sometimes is the job of the government and the law to do what s best for the people, even if they may not want to do it for themselves. Your description is an example of : A. Ethical formalism B. Utilitarianism C. Legal moralism D. Legal paternalism

D. Legal paternalism

Barry Scheck of the Innocence Project asserts that many of the violations of the Brady violations occurring in prosecutor's offices A. Police officers withholding evidence B. Poor training C. Prosecutors deliberately cheating in an effort to win cases D. Prosecutors being overworked and careless

D. Prosecutors being overworked and careless

______________ from a case when a judge has a financial interest in the case or has some other perceived bias or relationship that might give the appearance of impropriety A. Reassingment B. Withdrawal C. Resignation D. Recusal

D. Recusal

The ethical concern regarding expert witnesses is about whether they are really: A.Paid B. Expensive' C. Recognizable D. Reliable

D. Reliable

The Federal Sentencing Guidelines have been the subject of recent Supreme Court rulings, which have: A. Upheld their legality B. Denied the use of the guidelines only when based on evidence not proven in court C. Required the prosecutor to not used enhanced sentence provisions D. Ruled that judges must have the ability to use some discretion in sentencing

D. Ruled that judges must have the ability to use some discretion in sentencing

What ate the two major areas of judicial discretion? A.Sentencing and jury selection B. Interpretation of law and jury selection C. Interpretation of law and jury instruction D. Sentencing and interpretation of law

D. Sentencing and interpretation of law

Which is the following is not considered prosecutorial misconduct? A. Ex parte communication with a judge B. Communicating with defendant without counsel present C. Failure to disclose to evidence D. Speaking to the media about whether or not an indictment has been returned.

D. Speaking to the media about whether or not an indictment has been returned.

The first conviction integrity unit was established in which state? A.Utah B. Florida C. Arizona D. Texas

D. Texas

In an effort to prevent false confessions, 18 states now require confessions to be: A.Recorder by a court reporter, for a judge to review B. Sworn to under oath C. Witnessed by a defense attorney D. Videotaped

D. Videotaped

According to Fyfe and Kane, on-duty abuse is: a. the use of excessive, psychological abuse, or discrimination b. all offenses except those that are drug-related with the goal of profit c. simple failure to meet job expectations d. violating one or more department rules

a. the use of excessive, psychological abuse, or discrimination

The term "grass eaters" refers to police officers in: a. New York City officers who accepted bribes, gratuities, and protection money b. Boston officers who sold their services to the highest bribers c. Los Angeles officers who "shopped" at burglary scenes d. Chicago officers who used marijuana on a regular basis

a. New York City officers who accepted bribes, gratuities, and protection money

In terms of undercover operations, ethical formalism would most likely: a. condemn undercover operations where innocent people are deceived because the actions could not be justified under the categorical imperative b. support undercover operations even if innocent people are deceived, as long as the greater good was being served c. support undercover operations under any circumstances d. allow undercover operations only if the general community approved the action ahead of time

a. condemn undercover operations where innocent people are deceived because the actions could not be justified under the categorical imperative

According to the text, the most common reasons for false convictions include all of the following except: a. inaccurate reporting in the media b. false confessions c. inaccurate eyewitness identifications d. mishandled evidence

a. inaccurate reporting in the media

The term "entrapment" refers to an incident wherein an otherwise innocent person commits and illegal act because: a. of police encouragement or enticement b. they were told by police that it was not against the law c. he or she was following the lead of an informant d. they were unable to leave the location

a. of police encouragement or enticement

Which of the following statements is true? a. one of the biggest problems with informants is that their reliability is often highly questionable b. in most cases, officers have manufactured informants c. generally speaking, informants tend to be cost-prohibitive d. "confidential informants" are usually more trustworthy than witnesses

a. one of the biggest problems with informants is that their reliability is often highly questionable

____ is the right of people in certain roles to use any means to overcome resistance a. power b. duty c. authority d. persuasion

a. power

The concept of community policing, problem-oriented policing, and accountability mechanism are components of which model of policing? a. preventive policing b. reactive policing c. traditional policing d. intelligence-led policing

a. preventive policing

A shift in police focus away from serving political bosses and toward serving the law was a characteristic of the: a. professional era b. community policing era c. political era d. legalistic era

a. professional era

According to Packer, which of the following is one of the principles under which the due process model operates? a. protection of the process is as important as protection of citizens b. efficiency in casework is a top priority c. there is a presumption of guilt d. emphasis is on speed and finality

a. protection of the process is as important as protection of citizens

The crime control and due process models were developed by: a. Carl Klockars b. Herbert Packer c. Lawrence Sherman d. John Crank

b. Herbert Packer

The classical father confessor approach to interrogations involves: a. physical force in the form of beatings to get a confession b. a sympathetic figure for the defendant to confide to c. one nice officer and a seemingly brutal, threatening officer d. one nice officer and a seemingly uncaring withdrawn officer

b. a sympathetic figure for the defendant to confide to

In relation to community policing and ethics, all of the following is true except: a. community policing ethical issues arise from the closer relationships formed with community members. b. community policing models often foster more corruption that traditional law enforcement models c. community policing reduces cynicism and burnout among police officers, which may reduce corruptions d. community policing may increase the potential for gratuities

b. community policing models often foster more corruption that traditional law enforcement models

Civilians who are used to obtain facts and intelligence about criminal activity and/or participate in it so evidence can be obtained for an arrest are called: a. snitch b. informants c. tattlers d. witness

b. informants

In order to determine whether entrapment has occurred, the ____ approach examines the government's participation and whether it has exceeded accepted legal standards. a. secondary b. objective c. subjective d. primary

b. objective

According to Baker and Carter, harassment and ridicule are examples of which of the following types of abuse? a. physical abuse b. psychological abuse c. legal abuse d. sexual abuse

b. psychological abuse

There are two approaches used to determine whether entrapment has occurred: a. the primary an the secondary approaches b. the objective and the subjective approaches c. the before and the after approaches d.whether entrapment has occurred cannot be determined

b. the objective and the subjective approaches

In the case of United States v. Russell (1972), which approach to determine entrapment did the U.S. Supreme Court endorse? a. the objective approach b. the subjective approach c. the combined approach d. the U.S. Supreme Court refused to endorse any particular method

b. the subjective approach

Persuasion is defined as: a. the right to inherent role to use any means to overcome resistance b. the use of signs, symbols, words, and arguments to induce compliance c. the use of force and coercion to get one's way d. the unquestionable entitlement to be obeyed that comes from fulfilling a specific role

b. the use of signs, symbols, words, and arguments to induce compliance

The use of physical force to obtain a conviction became illegal with which Supreme Court case? a. Diaz v. Texas b. Bartley v. Montana c. Brown v. Mississippi d. Miranda v. Connecticut

c. Brown v. Mississippi

According to Packer, which of the following is one of the principles under which the crime control model operates? a. efficiency is rejected if it involves shortcuts b. protection of process is as important as protection of innocents c. a conveyor belt is the model for the system d. coercive power of the state is always subject to abuse

c. a conveyor belt is the model for the system

According to the objective approach, if the state provided an "essential element" that made the crime possible, or if there was extensive and coercive pressure on the defendant to engage in criminal actions, a court might rule that: a. the defendant was guilty b. the case can move to the trail stage c. entrapment had occurred d. entrapment had not occurred

c. entrapment had occurred

The strongest ethical argument against undercover officers having intimate relationships with suspects comes from: a. utilitarianism b. ethical formalism c. ethics of care d. religion

c. ethics of care

"Baksheesh," which is an expected procedure in many developing countries, is another term for: a. nepotism b. physical abuse c. graft d. rewards

c. graft

According to Barker and Carter, unlawful searches or seizures are examples of which of the following types of abuse? a. physical abuse b. psychological abuse c. legal abuse d. sexual abuse

c. legal abuse

Which of the following is not included in Barker and Carter's typology of lies? a. accepted lies b. deviant lies c. normative lies d. tolerated lies

c. normative lies

This crime control approach is consistent with the following except: a. criminals are the enemy b. police officers are like soldiers in war c. police officers serve all the people d. efficiency is a top priority

c. police officers serve all the people

According to Fyfe and Kane "conduct-related probationary failures" is: a. the use of excessive, psychological abuse, or discrimination b. all offenses except those that are drug-related with the goal of profit c. simple failure to meet job expectations d. violating one or more department rules

c. simple failure to meet job expectations

A study of police ethics around the world revealed hat in the United States, the offense considered most serious by the officers surveyed was: a. accepting bribes b. accepting kickbacks c. stealing from a crime scene d. lying under oath

c. stealing from a crime scene

The ____ approach looks at the defendant's background, character, and predisposition toward crime to determine if entrapment occurred. a. secondary b. objective c. subjective d. primary

c. subjective

The Knapp Commission coined the term "grass eaters" to refer to officers who did all of the following except: a. taking offered bribes b. taking offered gratuities c. taking valuable items from crime scenes d. accepting unsolicited protection money

c. taking valuable items from crime scenes

Which of the following statements about interrogations is true? a. the "third degree" approach involves a sympathetic paternal figure to whom the defendant confides b. the "good cop/ bad cop" approach is only used in the movies and on television c. the "third degree" is no longer officially allowed d. the father confessor approach typically involves physical force

c. the "third degree" is no longer officially allowed

A model of law enforcement that addresses underlying problems rather than simply enforcing the law is referred to as: a. crime control policing b. reactive policing c. traditional policing d. community policing

d. community policing

Fyfe and Kane's list of types of police misconduct includes all of the following except: a. police crime b. on-duty abuse c. obstruction of justice d. false disability claims

d. false disability claims

According to Smith, some of the ethical problems with informants include all of the following except: a. officers becoming personally involved with informants b. overestimating the veracity of the informant's information c. using coercion and intimidation to force the informant to cooperate d. falsely complimenting the informant to make him feel essential to the operations

d. falsely complimenting the informant to make him feel essential to the operations

The policing strategy that utilizes data analysis to drive decision-making in order to prevent crime is known as: a. professional policing b. traditional policing c. community policing d. intelligence-led policing

d. intelligence-led policing

The public servant model of policing includes all the following except which? a. criminals are not a distinct group b. police have a limited ability to control crime c. protection of the process of justice is as important as crime control d. police should focus on processing cases through the system as efficiently as possible

d. police should focus on processing cases through the system as efficiently as possible

Baker and Carter proposed that police abused of authority comes in all of the following areas except: a. physical abuse b. psychological abuse c. legal abuse d. sexual abuse

d. sexual abuse

Authority is defined as: a. the right inherent in a tole to use any means to overcome resistance b. the use of signs and symbols to induce compliance c. the use of words and arguments to induce compliance d. the unquestionable entitlement to be obeyed that comes from fulfilling a specific role

d. the unquestionable entitlement to be obeyed that comes from fulfilling a specific role

In Barker and Carter's proposed typology of lies, :deviant lies" are: a. those that are "necessary evils" b. used to control the person c. those used during undercover investigations d. those used in the courtroom to make a case or cover up a wrongdoing

d. those used in the courtroom to make a case or cover up a wrongdoing